Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1126
       
       
       
       
       
       
                                Ì241974AÎ241974                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/10/2015           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Banking and Insurance (Richter) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 66 - 272
    4  and insert:
    5  provide that such refund will be paid from one of the following
    6  sources of proceeds:
    7         a. The proceeds of the next entrance fees received by the
    8  provider for units for which there are no prior claims by any
    9  resident until paid in full;
   10         b. The proceeds of the next entrance fee received by the
   11  provider for a like or similar unit as specified in the
   12  residency or reservation contract signed by the resident for
   13  which there are no prior claims by any resident until paid in
   14  full; or
   15         c. The proceeds of the next entrance fee received by the
   16  provider for the unit that is vacated if the contract is
   17  approved by the office before October 1, 2015. A provider may
   18  not use this refund option after October 1, 2016, and must
   19  submit a new or amended contract with an alternative refund
   20  provision to the office for approval by August 2, 2016, if the
   21  provider has discontinued marketing continuing care contracts,
   22  within 200 days after the date of notice.
   23         3. For contracts entered into on or after January 1, 2016,
   24  that provide for a refund in accordance with sub-subparagraph
   25  2.b., the following provisions apply:
   26         a. Any refund that is due upon the resident’s death or
   27  relocation of the resident to another level of care that results
   28  in the termination of the contract must be paid by the earlier
   29  of:
   30         (I) Thirty days after receipt by the provider of the next
   31  entrance fee received for a like or similar unit for which there
   32  is no prior claim by any resident until paid in full; or
   33         (II) Within a specified maximum number of months or years,
   34  determined by the provider and specified in the contract, after
   35  the contract is terminated and the unit is vacated.
   36         b. Any refund that is due to a resident who vacates the
   37  unit and voluntarily terminates a contract after the 7-day
   38  rescission period required in subsection (2) must be paid within
   39  30 days after receipt by the provider of the next entrance fee
   40  for a like or similar unit for which there are no prior claims
   41  by any resident until paid in full and is not subject to the
   42  provisions in sub-subparagraph a. A contract is voluntarily
   43  terminated when a resident provides written notice of intent to
   44  leave and moves out of the continuing care facility after the 7
   45  day rescission period.
   46         4. For purposes of this paragraph, the term “like or
   47  similar unit” means a residential dwelling categorized into a
   48  group of units which have similar characteristics, such as
   49  comparable square footage, number of bedrooms, location, age of
   50  construction, or a combination of one or more of these features
   51  as specified in the residency or reservation contract. Each
   52  category must consist of at least 5 percent of the total number
   53  of residential units designated for independent living or 10
   54  residential units designated for independent living, whichever
   55  is less. However, a group of units consisting of single family
   56  homes may contain fewer than 10 units.
   57         5. If the provider has discontinued marketing continuing
   58  care contracts, any refund due a resident must be paid within
   59  200 days after the contract is terminated and the unit is
   60  vacated.
   61         6.4. Unless subsection (5) applies, for any prospective
   62  resident, regardless of whether or not such a resident receives
   63  a transferable membership or ownership right in the facility,
   64  who cancels the contract before occupancy of the unit, the
   65  entire amount paid toward the entrance fee shall be refunded,
   66  less a processing fee of up to 5 percent of the entire entrance
   67  fee; however, the processing fee may not exceed the amount paid
   68  by the prospective resident. Such refund must be paid within 60
   69  days after the resident gives giving notice of intention to
   70  cancel. For a resident who has occupied his or her unit and who
   71  has received a transferable membership or ownership right in the
   72  facility, the foregoing refund provisions do not apply but are
   73  deemed satisfied by the acquisition or receipt of a transferable
   74  membership or an ownership right in the facility. The provider
   75  may not charge any fee for the transfer of membership or sale of
   76  an ownership right.
   77         (i)(h) State the terms under which a contract is canceled
   78  by the death of the resident. These terms may contain a
   79  provision that, upon the death of a resident, the entrance fee
   80  of such resident is considered earned and becomes the property
   81  of the provider. If the unit is shared, the conditions with
   82  respect to the effect of the death or removal of one of the
   83  residents must be included in the contract.
   84         (j)(i) Describe the policies that may lead to changes in
   85  monthly recurring and nonrecurring charges or fees for goods and
   86  services received. The contract must provide for advance notice
   87  to the resident, of at least 60 days, before any change in fees
   88  or charges or the scope of care or services is effective, except
   89  for changes required by state or federal assistance programs.
   90         (k)(j) Provide that charges for care paid in one lump sum
   91  may not be increased or changed during the duration of the
   92  agreed upon care, except for changes required by state or
   93  federal assistance programs.
   94         (l)(k) Specify whether the facility is, or is affiliated
   95  with, a religious, nonprofit, or proprietary organization or
   96  management entity; the extent to which the affiliate
   97  organization will be responsible for the financial and
   98  contractual obligations of the provider; and the provisions of
   99  the federal Internal Revenue Code, if any, under which the
  100  provider or affiliate is exempt from the payment of federal
  101  income tax.
  102         Section 2. Section 651.028, Florida Statutes, is amended to
  103  read:
  104         651.028 Accredited facilities.—If a provider is accredited
  105  without stipulations or conditions by a process found by the
  106  office to be acceptable and substantially equivalent to the
  107  provisions of this chapter, the office may, pursuant to rule of
  108  the commission, waive any requirements of this chapter with
  109  respect to the provider if the office finds that such waivers
  110  are not inconsistent with the security protections intended by
  111  this chapter.
  112         Section 3. Subsection (1) of section 651.071, Florida
  113  Statutes, is amended to read:
  114         651.071 Contracts as preferred claims on liquidation or
  115  receivership.—
  116         (1) In the event of bankruptcy, receivership, or
  117  liquidation proceedings against a provider, all continuing care
  118  and continuing care at-home contracts executed by a provider
  119  shall be deemed preferred claims against all assets owned by the
  120  provider; however, such claims are subordinate to those priority
  121  claims set forth in s. 631.271 and any secured claim.
  122         Section 4. Subsections (4) and (5) of section 651.105,
  123  Florida Statutes, are amended, and subsection (6) is added to
  124  that section, to read:
  125         651.105 Examination and inspections.—
  126         (4) The office shall notify the provider and the executive
  127  officer of the governing body of the provider in writing of all
  128  deficiencies in its compliance with the provisions of this
  129  chapter and the rules adopted pursuant to this chapter and shall
  130  set a reasonable length of time for compliance by the provider.
  131  In addition, the office shall require corrective action or
  132  request a corrective action plan from the provider which plan
  133  demonstrates a good faith attempt to remedy the deficiencies by
  134  a specified date. If the provider fails to comply within the
  135  established length of time, the office may initiate action
  136  against the provider in accordance with the provisions of this
  137  chapter.
  138         (5) At the time of the routine examination, the office
  139  shall determine if all disclosures required under this chapter
  140  have been made to the president or chair of the residents’
  141  council and the executive officer of the governing body of the
  142  provider.
  143         (6) A representative of the provider must give a copy of
  144  the final examination report and corrective action plan, if one
  145  is required by the office, to the executive officer of the
  146  governing body of the provider within 60 days after issuance of
  147  the report.
  148         Section 5. Section 651.081, Florida Statutes, is amended to
  149  read:
  150         651.081 Residents’ council.—
  151         (1) Residents living in a facility holding a valid
  152  certificate of authority under this chapter have the right of
  153  self-organization, the right to be represented by an individual
  154  of their own choosing, and the right to engage in concerted
  155  activities for the purpose of keeping informed on the operation
  156  of the facility that is caring for them or for the purpose of
  157  other mutual aid or protection.
  158         (2)(a) Each facility shall establish a residents’ council
  159  created for the purpose of representing residents on matters set
  160  forth in s. 651.085. The residents’ council shall may be
  161  established through an election in which the residents, as
  162  defined in s. 651.011, vote by ballot, physically or by proxy.
  163  If the election is to be held during a meeting, a notice of the
  164  organizational meeting must be provided to all residents of the
  165  community at least 10 business days before the meeting. Notice
  166  may be given through internal mailboxes, communitywide
  167  newsletters, bulletin boards, in-house television stations, and
  168  other similar means of communication. An election creating a
  169  residents’ council is valid if at least 40 percent of the total
  170  resident population participates in the election and a majority
  171  of the participants vote affirmatively for the council. The
  172  initial residents’ council created under this section is valid
  173  for at least 12 months. A residents’ organization formalized by
  174  bylaws and elected officials must be recognized as the
  175  residents’ council under this section and s. 651.085. Within 30
  176  days after the election of a newly elected president or chair of
  177  the residents’ council, the provider shall give the president or
  178  chair a copy of this chapter and rules adopted thereunder, or
  179  direct him or her to the appropriate public website to obtain
  180  this information. Only one residents’ council may represent
  181  residents before the governing body of the provider as described
  182  in s. 651.085(2).
  183         (b) In addition to those matters provided in s. 651.085, a
  184  residents’ council shall provide a forum in which a resident may
  185  submit issues or make inquiries related to, but not limited to,
  186  subjects that impact the general residential quality of life and
  187  cultural environment. The residents’ council shall serve as a
  188  formal liaison to provide input related to such matters to the
  189  appropriate representative of the provider.
  190         (c) The activities of a residents’ council are independent
  191  of the provider. The provider is not responsible for ensuring,
  192  or for the associated costs of, compliance of the residents’
  193  council with the provisions of this section with respect to the
  194  operation of a residents’ council.
  195         (d) A residents’ council shall adopt its own bylaws and
  196  governance documents. The residents’ council shall provide for
  197  open meetings when appropriate. The governing documents shall
  198  define the manner in which residents may submit an issue to the
  199  council and define a reasonable timeframe in which the
  200  residents’ council shall respond to a resident submission or
  201  inquiry. A residents’ council may include term limits in its
  202  governing documents to ensure consistent integration of new
  203  leaders. If a licensed facility files for bankruptcy under
  204  chapter 11 of the United States Bankruptcy Code, 11 U.S.C.
  205  chapter 11, the facility, in its required filing of the 20
  206  largest unsecured creditors with the United States Trustee,
  207  shall include the name and contact information of a designated
  208  resident selected by the residents’ council and a statement
  209  explaining that the designated resident was chosen by the
  210  residents’ council to serve as a representative of the
  211  residents’ interest on the creditors’ committee.